Law 14/1999, Of May 4, Fees And Public Prices For Services Provided By The Nuclear Safety Council.

Original Language Title: Ley 14/1999, de 4 de mayo, de Tasas y Precios Públicos por servicios prestados por el Consejo de Seguridad Nuclear.

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JUAN CARLOS I King of Spain to all that the present join together and act.

Know: That the Cortes Generales have approved and I come in to sanction the following law.

EXHIBITION of reasons the Act 15/1980 of 22 April, creates the Consejo de Seguridad Nuclear as a right public, independent of the Central Administration of the State, with legal personality and patrimony of own and independent of the State, and as the only competent body in the field of nuclear safety and radiation protection.

The main source of financing of the Consejo de Seguridad Nuclear is the revenue obtained by the rate that turned as consideration for services that comes with the Agency in the performance of their functions of guarantor of nuclear safety and radiation protection (article 9 of the Act 15/1980).

The legal regime of the rate is fundamentally regulated in article 10 of the Act 15/1980, precept that develops through Royal Decree 3229/1982, of 12 November, which aims to repeal this law, since it does not add anything to the legal regulation.

The experience gained in the management of the rate has made, on the one hand, that a number of problems of adaptation of the standard into reality, without prejudice to the specific revisions that have been made in the types and applicable to the different taxable amounts, and which have failed to adapt sufficiently to the needs that came demanding reality have been preferring.

The appearance both of the law 8/1989 of 13 April, rates and prices public, as well as law 54/1997, of 27 November, in the Electricity Sector, require the introduction of new criteria, both for the quantification of the amount of each fee, resizing them according to the real costs, in relation to the necessary modification of tax based on the rate for inspection and control of the operation of nuclear power plants.

In addition, the publication of the regulation of the protection of health against ionizing radiation introduces a series of obligations to the Consejo de Seguridad Nuclear in the field of radiation protection, which requires to establish the corresponding new taxable.

On the other hand, the Nuclear Safety Council has been making a series of functions that, on occasions, were not provided for specifically in the law of the body, nor were a result set in the form of taxable. Therefore, intends this proposal make a new catalog of functions that more accurately describes the current work of the Consejo de Seguridad Nuclear, and, at the same time, regular tax the provision of all services performed.

In particular, some rates are updated, expands the range of existing taxable to conform better to the reality, and improves the wording of some assumptions based on the experience gained, taking in any case present the criteria of equivalence and economic capacity of the taxable person, established in the law on fees and public prices.

Establishes a detailed description for tax purposes, of dismantling for the decommissioning of nuclear facilities operations, whose forecast was deficient in the previous regulation; referred to the preparation of studies and reports related to the management of radioactive waste of high activity, in relation to the future definitive storage facilities; and are incorporated, as the public price, a number of services being the Council of Nuclear security at the request of individuals, and to whose benefit does not come specifically obligated by their legal status.

Title I General provisions article 1. Object and scope of application.

1. the present law aims regulating rates and public prices by providing services and activities of the Consejo de Seguridad Nuclear.

2. the fees and public prices required by the Nuclear Safety Council shall apply throughout the Spanish territory.

Article 2. Normative sources.

Fees and public prices by providing services and activities of the Council for Nuclear safety shall be governed as provided in this law and, failing that, by the law on fees and public prices, the General tax law and other supplementary provisions.

Article 3. Taxable persons.

1 will be taxable rates the physical or legal persons, as well as the entities referred to in article 33 of the General tax law, holders of the installations or activities which take effect the inspection or control services described in title II of this law or who request any authorizations permissions, licenses or exemptions provided for in the same title.

2. where appropriate, the specific regulation of each rate and public price will determine the character of passive subjects of other persons or entities.

Article 4. Administration and payment of the fee.

1. in the case of administrative liquidation of rates, the Consejo de Seguridad Nuclear practice the liquidation in official model, in its case by receipt, proceeding to its notification to the taxpayer.

The Nuclear Safety Council may require taxable persons the information and documentation required for the practice of timely payments. In case of not being attended the requirements the taxable person shall be guilty of tax offense simple, pursuant to articles 77 et seq. of the General tax law, the process of the Consejo de Seguridad Nuclear to open sanctioning record, whose handling and resolution shall be subject to the tax rules in force.

2. in the cases in which the autoliquidación is established by the taxable person, the settlements will be presented the Council concerned, who can rectify errors in fact, practicing, in his case, the liquidation rectificatoria that appropriate.

Article 5. Deadlines and payment of the fees and public prices.

1. the income of liquidations carried out by the Nuclear Safety Council shall be within the deadlines indicated in no. 2 of article 20 of the General Regulation of fundraising.

2. the income will be done in the restricted account of the Consejo de Seguridad Nuclear enabled to effect, at any of the offices of the bank where is halle open that one.

3 receipt, settlement and autoliquidación revenue models will perform at the Bank to be completed, reserving the applicant a copy as payment.

Article 6. Inspection of rates.

The inspection of the rates is entrusted to the competent bodies of the State administration.

Article 7. Economic-administrative claims.

The acts of management fees and public prices adversely on the economic track and, where appropriate, administrative.

Article 8. Involvement.

The full performance of the fees and public prices will be affected, with specificity, the coverage of the cost resulting from the provision of the services and activities of the Consejo de Seguridad Nuclear.

Title II rates article 9. Rate studies, reports and surveys for the necessary authorizations for the entry into operation of nuclear facilities.

1 made taxable. - constitutes the taxable rate realization, by the Consejo de Seguridad Nuclear, of studies, reports and inspections which, according to current regulations, condition the granting of authorizations necessary for the entry into operation of nuclear installations.

2. base tax. - will be constituted by the effective and total amount of the investment to be carried out according to budget, except for the costs of financial interests.

3. accrual - the rate is accrued at the time of filing any of the requests referred to in this article.

4. type tax. - the operations referred to in the preceding paragraph, shall be taxed to the tax rate of the 0.20 per 100 of the tax base.

5. closeouts - liquidations shall be carried out by the taxable person.

Applicants for authorisations shall be provisional liquidations to account, in accordance with the following percentages of the tax base: 20 per 100 to request prior authorization or location.

40 by 100 to obtain the approval of construction.

40 by 100 to the authorization of exploitation.

The final liquidation, according to the effective and total amount of investment made, shall be made by the applicant immediately after the granting of the authorisation of exploitation.

In the event that the authorization requested were not granted, provisional liquidations will acquire the character of definitive.

6 exemptions and bonuses. - in the case of nuclear power stations, if you install two or more units on the same site and same project at first, for the second and remaining the rate will be reduced to one-fifth of the amount cited in the case of the request for prior authorization or location and a third in what is paid in the construction authorization and in the exploitation.

For other nuclear installations, in the case of successive extensions or modifications of the original project it will be taxed 50 per 100 of the corresponding fee.

Article 10. Fee for inspection and control of operation of nuclear installations.


1. made taxable. - constitutes the taxable transactions of this tax inspection services and control that is necessary to perform in the opinion of the Council for Nuclear safety in order to ensure the most appropriate exploitation and operation, as well as the safety of nuclear installations.

The amount of this fee includes services rendered by the Council for Nuclear safety evaluation and inspection and control relating to authorisations for modification during the operation of these facilities.

2. classification of nuclear installations for the purposes of the taxable base.

A) nuclear power plants.

A.1 share. - depending on the authorized power of nuclear plants and in consideration of the grouping of tasks in the provision that assumes the existence of two units on a site, are established the following fees: A.1.1 nuclear power plants of less than 250 MW electrical gross power: 101.000.000 pesetas each year.

Nuclear Central A.1.2 of raw power between 250 and 500 megawatts electric: 250.000.000 pesetas each year.

Nuclear Central to.1.3 of brute power exceeding 500 megawatts electric with a single reactor: 563.000.000 pesetas each year.

A.1.4 core nuclear of brute power exceeding 500 megawatts electric with two or more reactors on a site: 460.000.000 pesetas per reactor each year.

A.2 accrual and liquidation. - this rate is monthly accrued by dozavas parts and must be autoliquidarse by the taxpayer during the month following each month.

(B) plants for the production or processing of nuclear substances.

This rate of inspection and control cover, where appropriate, regardless of the operation of the facility, as the own manufacture or treatment of the substances.

B.1 fee. - for the factories of production or treatment of nuclear substances is set an annual fee of 150,000 pesetas per tonne authorized.

B.2 accrual and liquidation. - this rate is monthly accrued by dozavas parts and must be autoliquidarse by the taxpayer during the month following each month.

(C) storage facilities for radioactive waste which are not included in the authorization of another nuclear facility.

C.1 fee. - depending on the activity of stored waste and, consequently, the greater or lower cost of the provision of the service monitoring and control, are established the following fees: for the storage of waste from medium or low level of authorized activity 2,500 pesetas per cubic meter of storage capacity.

For the storage of high-level waste: 25,000 pesetas for every ton of heavy metal whose storage is permitted.

C.2 accrual and liquidation. - This fee is accrued annually and will be assessed every month by dozavas parts and must be autoliquidarse by the taxpayer during the month following each month.

(D) other nuclear facilities.

Those nuclear facilities that have no profit-making purposes and for research shall be included in this section.

D.1 fee. - these services shall be taxed with an annual fee fixed of 2,000,000 pesetas.

D.2 accrual and liquidation. - this rate is accrued on December 31 of each year and will be autoliquidada by the taxpayer during the first four months following the said date.

3. in the first and last year of the respective input and end of the operating life of a nuclear installation, the fee shall be weighted according to the number of months elapsed between the date of grant of the authorization of exploitation or end of life statement, telling it, and the end of the year.

4 when a nuclear facility there is one or more different radioactive facilities, shall apply to each of them the rate applicable to the inspection and control of radioactive facilities.

Article 11. Rate studies, reports and inspections necessary for obtaining the necessary authorizations for the decommissioning of nuclear installations.

1 made taxable. - the realization, by the Consejo de Seguridad Nuclear, of studies, reports, or required inspections, is taxable in this rate to obtain the necessary authorizations for the decommissioning of nuclear installations.

2. base tax. - the tax base will be made up of the total cost of dismantling operations for which authorization, except for the costs of financial interests are asked.

In the event that the dismantling is made at different stages, individually adopted and separated in time, studies, reports and inspections performed to evaluate the activities to be carried out in each phase will be levied according to the amount of the budget for such operations.

3. type tax. - these services will be taxed at the rate of 2 per 100 of the tax base.

4 accrual and liquidation. - the chargeable event will occur at the time of submitting the application for authorization of an dismantling and will be autoliquidada by the taxable person.

The final liquidation, according to the effective and total amount of investment made, shall be made by the applicant within three months of completion of dismantling operations authorized.

In the event that the authorization requested were not granted, provisional liquidations will acquire the character of definitive.

When the resulting rate is higher than 100.000.000 pesetas, its liquidation will split in dozavas parts that cleared monthly.

Article 12. Fee for inspection and control of the decommissioning of nuclear installations.

1 made taxable. - constitutes the taxable rate realization, by the Council for Nuclear safety, the inspection and control services that are necessary during the decommissioning of nuclear installations.

For the purposes of the payment of the fee means that installation has entered into the period of dismantling from the moment the end of their operational life is declared by the Ministry of industry and energy.

2 tax base and type tax. - According to the greater or less cost in the provision of services for inspection, control and monitoring, these will be encumbered with an annual fixed fee calculated in accordance with the following criteria: to) while there is fresh or irradiated nuclear fuel at the facility: 80 per 100 rate established in this law by inspection and monitoring services.

(b) once removed nuclear fuel: 15 per 100 rate established in this law by inspection and monitoring services. This fee will be reduced to 1.5 per 100 during the period laid down in the authorizations, case that the dismantling is performed in different phases.

(c) nuclear research facilities shall be taxed with a fixed fee of 2,000,000 pesetas.

3 accrual and liquidation. - this rate is accrued on December 31 and must be autoliquidarse by the taxpayer during the first four months following the said date.

When the resulting rate is higher than 100.000.000 pesetas, its liquidation will split in dozavas parts that cleared monthly.

The first and last year's rate will be, in each case, proportional to the number of months that the Nuclear Safety Council has rendered the corresponding services.

Article 13. Fee for studies and reports necessary for the follow-up of the activities related to the management of high activity radioactive waste long term.

1 made taxable. - constitutes the taxable rate realization, by the Consejo de Seguridad Nuclear, of studies, reports and development of specific methodologies that are necessary for the evaluation of plans, projects, studies and conceptual designs in relation to activities developed in compliance with the General plans of existing radioactive waste at all times, both in what refers to the temporary storage as well as the final of such waste.

2. base tax. - the tax base of this fee will be the amount of investments for the development of the respective plans and projects of temporary or definitive, storage by entities authorized by the Ministry of industry and energy for the management of high activity radioactive waste long term.

3. type tax. - these services shall be taxed with the tax rate of 3 per 100 of the tax base.

4 I accrual and liquidation. - this rate is accrued on December 31 of each year and must be autoliquidarse to account monthly for dozavas parts, by the taxable person on the basis of the investment made the previous year.

During the first quarter of each year is effected by the taxable person, the definitive liquidation of the previous year on the basis of the investment actually made.

Article 14. Rate studies, reports and inspections necessary for the granting of exploitation and the dismantling and decommissioning of uranium mines.

1 made taxable. - is this rate taxable realization, by the Consejo de Seguridad Nuclear, of studies, reports and inspections affecting the granting of exploitation and decommissioning and closure of uranium mines.

2. fee. - these services will be encumbered with a fee fixed of 1,000,000 pesetas.

3 accrual and liquidation. - this rate is accrued at the time of filing any of the requests referred to in this article and will be liquidated by the Consejo de Seguridad Nuclear.


Article 15. Rate studies, reports or inspections necessary for the grant of authorizations for the operation of radioactive facilities.

1 made taxable. - constitutes the taxable transactions of this rate the realization of studies, reports and inspections that determine the granting of authorizations for the operation of radioactive facilities or modification.

2. classification of radioactive installations for the purposes of the taxable base.

A) radioactive nuclear fuel cycle facilities: A.1 Base tax. - will be constituted by the effective and total amount of the investment to make budget except for the costs of financial interests.

A.2 type tax. - these services will be taxed at the rate of 1 per 100 of the tax base.

A.3 accrual. - This fee is accrued at the time of filing any of the requests referred to in this article.

A.4 liquidations. - payments shall be carried out by the taxable person. Applicants for authorisations shall be provisional liquidations to account, in accordance with the following percentages of the tax base: 20 per 100 to request prior authorization or location.

40 by 100 to obtain the approval of construction.

40 by 100 to the authorization of exploitation.

The final liquidation, according to the effective and total amount of investment made, shall be made by the applicant immediately after the granting of the authorisation of exploitation.

In the event that the authorization requested were not granted, provisional liquidations will acquire the character of definitive.

(B) radioactive facilities for scientific, medical, agricultural, commercial or industrial purposes.

B.1 Base tax. - will be constituted by the total and effective value of the radioactive installation or modification, being included in such value all those components which, by their nature, are subject to the operation of the same.

Case of taxable transfer the value of the disposition must be stated. In the case of lucrative transmissions or lease for installation the value to declare will be market.

B.2 type tax. - these services will be taxed at the rate of tax is higher for the next two: the 2 per 100 of the tax base.

The following values: first category: 6,000,000 of pesetas.

Second category: 300,000 pesetas.

Third category: 200,000 pesetas.

B.3 vesting and settlement - this fee is accrued at the time of submitting the application, together with which the taxable person, shall declare the values that form the base for its liquidation by the Consejo de Seguridad Nuclear.

3 exemptions and bonuses.

3.1 in the case of successive enlargements and modifications to the original project the 50 will be taxed by 100 of the corresponding fee.

3.2. those modifications which do not alter the content of the subject of safety of the authorization, but they refer to purely formal aspects and that do not require a new safety study will be taxed with a one-time fee of 25,000 pesetas, in retribution of the verification services, which are accrued at the time of submitting the application.

Article 16. Fee for inspection and control of operation of radioactive facilities.

1 made taxable. - constitutes the taxable transactions of this tax inspection services and control that is necessary to carry out in order to guarantee maximum exploitation and proper operation, as well as the safety of radioactive facilities.

By inspection and control services shall mean those carried out Alternatively, either by the visit turned to installation or activities of monitoring, analysis and evaluation in relation to the documentation submitted by the taxable person.

2. classification of radioactive installations for the purposes of the taxable base.

A) radioactive nuclear fuel cycle facilities: A.1 share. - these services shall be taxed with a quota of 17,000 pesetas per tonne of production authorized.

A.2 accrual and liquidation. - This fee is accrued annually and will be assessed by the Consejo de Seguridad Nuclear, through receipt, and must be entered during the first quarter of the calendar year following the date of expiry of the time limit.

(B) radioactive facilities for scientific, medical, agricultural, commercial or industrial purposes.

B.1 fee. - these services shall be taxed with the following share: first category: 750,000 pesetas.

Second category: 300,000 pesetas.

Third category except Radiology: 200,000 pesetas.

Radiodiagnosis facilities: 35,000 pesetas.

B.2 accrual and liquidation. - this rate, except for Radiology facilities, are accrued on December 31 of each year and will be assessed by the Consejo de Seguridad Nuclear, which will rotate the corresponding receipt, and must be entered within the first four months of the calendar year following the date of the chargeable event.

The inspection and control of radiodiagnostic facilities services fee is accrued at the time of launch corresponding action and will be liquidated by the Consejo de Seguridad Nuclear. In any case these facilities will be subject to more than one rate of inspection and control a year when are motivated by repeated allegations and the records of inspection shall be issued unless in accordance in nuclear safety and radiological protection.

3 exemptions and bonuses. - in the first year of operation of an installation, when exploitation has begun subsequent to June 30, this year will be paid only 50 per 100 fee.

Article 17. Rate studies, reports and inspections prior to the mandatory granting of dismantling and decommissioning of radioactive facilities.

1 made taxable. - is this rate taxable realization, by the Consejo de Seguridad Nuclear, of studies, reports and inspections prior to granting prescriptive for the dismantling or the closure of radioactive facilities.

2. classification of radioactive installations for the purposes of the taxable base.

A) radioactive nuclear fuel cycle facilities: A.1 share. - these services shall be taxed with a quota of 8,000 pesetas per tonne of uranium produced during all its operational phase.

A.2 accrual and liquidation. - this rate is accrued to submit an application and will be liquidated by the Consejo de Seguridad Nuclear.

(B) radioactive facilities for scientific, medical, agricultural, commercial or industrial purposes.

B.1 fee. - these services shall be taxed with the following share: first category: 3,000,000 pesetas.

Second category: 100,000 pesetas.

Third category except Radiology: 75,000 pesetas.

Radiodiagnosis facilities: exempt.

B.2 accrual and liquidation. - these rates are shall accrue to submit an application and shall be settled by the Consejo de Seguridad Nuclear.

Article 18. Fee for inspection and control of the dismantling of radioactive fuel cycle facilities.

1 made taxable. - constitutes the taxable rate realization, by the Council of Nuclear security, inspection services and control that is necessary to perform during dismantling operations of the radioactive facilities of the cycle of fuel and the period of radiological surveillance operations.

2. fee. - these services remain encumbered with an annual fee fixed of 10,000,000 pesetas during dismantling operations.

3 accrual and liquidation. - this rate is accrued on December 31 and will be assessed by the Consejo de Seguridad Nuclear.

4 exemptions and bonuses. - this quota will be reduced to 2,000,000 pesetas per year during the period of monitoring.

The first and last year's rate will be, in each case, proportional to the number of months that the Nuclear Safety Council has rendered the corresponding services.

Article 19. Fee for tests, studies, reports and assessments that have practice the Council for the granting and renewal of licences, diplomas and accreditations for the personnel of the nuclear or radioactive facilities.

1 made taxable. - constitutes the taxable rate realization, by the Consejo de Seguridad Nuclear, of tests, studies, reports and assessments necessary for the granting and renewal of licences, diplomas and accreditations for the personnel of the nuclear or radioactive facilities.

2 share. - the activities referred to in this point installation type licensing supervisor, operator and accreditations - Pesetas renewal supervisor and operator - Pesetas granting of diplomas from head of radiological protection - nuclear Pesetas 100,000 1,000,000 500,000 first-class 50,000 100,000 250,000 second and third category radioactive radioactivity: 25,000 15,000 operators 100,000 supervisors





35,000 - accreditation to operate or direct inst. radiodiagnosis






5.000











50.000





3. Accrual and liquidation. - this rate is accrued at the time of the filing of the application, and must autoliquidarse by the taxpayer at that time, which will be requested previously the corresponding model to the Consejo de Seguridad Nuclear.

Article 20. Fee for studies and assessments necessary for the approval of academic programs and training and advanced courses for the staff of radioactive facilities.

1 made taxable. - it is taxable for this rate the realization, by the Consejo de Seguridad Nuclear, of studies and assessments necessary for the approval of academic programs and courses of education and training leading to operation of radioactive facilities licensing or accreditation of staff of Radiology facilities or its amendments.

2. fee. - these services shall be taxed with a fixed fee of 300,000 pesetas. Amendments to the approved courses will be taxed with a fixed fee of 100,000 pesetas.

3 accrual and liquidation. - the accrual and the rate entry will occur at the time of the filing of the application for approval or modification and will be liquidated by the Consejo de Seguridad Nuclear.

Article 21. Fees for inspection and control of the delivery of approved courses and planned tests of proficiency in them.

1 made taxable. - constitutes the taxable transactions of this rate realization, by the Council of Nuclear security, inspection services and control that is necessary to perform in the delivery of approved courses and provided for tests of proficiency in them.

2. fee. - these services shall be taxed with a fixed quota of 75,000 pesetas.

3 accrual and liquidation. - this rate is accrued to the presentation, the Consejo de Seguridad Nuclear of examination proceedings, for validation and will be assessed by the Agency.

Article 22. Fee for reports, studies, or inspections that determine the authorizations for the carriage of nuclear substances or radioactive materials.

1 made taxable. - they are taxable in this rate the realization, by the Consejo de Seguridad Nuclear, of reports, studies, or inspections that determine the authorizations for the carriage of nuclear substances or radioactive materials or modification or extension.

2. share - these reports or studies will be encumbered with the fixed fee of 500,000 pesetas for each authorization.

3 accrual and liquidation. - the accrual and the rate entry will occur at the time of the authorization of transport, modification or extension and will be liquidated by the Consejo de Seguridad Nuclear.

4 exemptions and bonuses. - reports or studies that may be required to modify or extend existing authorizations shall be taxed with 50 per 100 of the corresponding fee.

Article 23. Fee for inspection and control of the transport of nuclear substances or radioactive materials.

1 made taxable. - constitutes the taxable rate realization, by the Council of Nuclear security, inspection services and control that is necessary to perform in the transport of nuclear substances or radioactive materials.

2. fee. - these services shall be taxed by each performance with the following fixed fee: transport of nuclear fuel and fissile materials and nuclear waste: 200,000 pesetas.

Transport of radioactive sources: 75,000 pesetas.

Transport of radioactive waste originating in second and third category radioactive facilities are exempt from the payment of this fee.

3 accrual and liquidation. - this rate accrued at the time of launch corresponding action and will be liquidated by the Consejo de Seguridad Nuclear.

4 exemptions and bonuses. - in any case, a same transport may be more than one fee for inspection and control services, notwithstanding that it might be inspected many times is necessary for reasons of safety.

Article 24. Rate studies, reports, or for the granting of exemption of equipment that incorporate radioactive sources or are generators of ionizing radiation or manufacturing and inspections for the approval or recognition of bundles intended for the transport or storage of radioactive substances.

1. made taxable. - constitutes the taxable rate this realization, by the Consejo de Seguridad Nuclear, of studies, reports and inspections that are legally enforceable for the granting of manufacturing or exemption of equipment that incorporate radioactive sources or are generators of ionizing radiation and for the approval or recognition of bundles intended for the transport or storage of radioactive substances or modification or extension.

2. fee. - these services shall be taxed with a fixed fee of 750,000 pesetas for the exemption and 500,000 pesetas for the rest of the authorizations described in this article.

3 accrual and liquidation. - this rate is accrued at the time of the request and will be liquidated by the Consejo de Seguridad Nuclear.

4 exemptions and bonuses. - reports or studies that may be required to modify or extend existing authorizations shall be taxed with 50 per 100 of the corresponding fee.

Article 25. Rate studies, reports and inspections for granting of declassification of materials of low radioactive substances.

1 made taxable. - constitutes the taxable rate realization, by the Consejo de Seguridad Nuclear, of studies, reports and inspections, which are legally enforceable, for the granting of authorisations of declassification of materials of low radioactive substances.

2. fee. - these services will be encumbered with a fixed quota of 25,000 pesetas per cubic meter of material whose clearance is requested.

3 accrual and liquidation. - this rate is accrued at the time of the request and will be liquidated by the Consejo de Seguridad Nuclear.

Article 26. Fee for inspection and control to ensure the proper manufacture of computers that incorporate radioactive sources or are producing ionizing radiation or with regard to exempted computers.

1 made taxable. - constitutes the taxable rate realization, by the Council of Nuclear safety, the inspection and control services necessary to ensure the proper manufacture of computers that incorporate radioactive sources or are producing ionizing radiation or in connection with the exempt teams.

2. fee. - these services will be encumbered with a fixed fee for each performance of 75,000 pesetas.

3 accrual and liquidation. - this rate is accrued at the time of the corresponding performance and will be liquidated by the Consejo de Seguridad Nuclear.

Article 27. Rate studies, reports and inspections for granting the authorisation of companies acting in the field of radiation protection.

1. made taxable. - is this rate taxable realization, by the Consejo de Seguridad Nuclear, of studies, reports and inspections that are necessary for the granting of the authorisation of companies in sales and technical support of diagnostic equipment and other equipment for radioactive facilities; Services or technical units of radiation protection; entities, institutions or services which perform individual dosimetry; the specialized medical services for the medical surveillance of professionally exposed workers and assistance centers for medical care to the irradiated or contaminated and the modifications of these authorizations.

2. fee. - these services shall be taxed with the following fixed fee: radiological protection services and units radiological protection techniques: 300,000 pesetas.

Companies or entities for sale or technical assistance: 200,000 pesetas.

Personal dosimetry services or specialized medical services: 200,000 pesetas.

Service centers for medical care to the irradiated or contaminated: 200,000 pesetas.

3 accrual and liquidation. - this rate is accrued at the time of the authorization and will be liquidated by the Consejo de Seguridad Nuclear.

4 exemptions and bonuses. - modifications of authorisations for these entities are taxed with a fixed fee of 50 per 100 of the rate applicable to the first authorisation.

Article 28. Fee for inspection and control to ensure the proper functioning of the enterprises acting in the field of radiation protection.

1 made taxable. - it constitutes the taxable transactions of this tax inspection and control services to ensure the proper operation of companies in sales and technical support of diagnostic equipment and other radioactive facilities equipment; Services or technical units of radiation protection; entities, institutions or services which perform individual dosimetry; the specialized medical services for the medical surveillance of professionally exposed workers and assistance centers for medical care to the irradiated or contaminated.

2. fee. - these services will be encumbered with quotas and following amounts: companies of sales and technical assistance: 150,000 pesetas.

Services or technical units of radiation protection: 250,000 pesetas.

Entities, institutions or services which perform individual dosimetry: 250,000 pesetas.

Specialized medical services and assistance for health care centers: 150,000 pesetas.


3 accrual and liquidation. - the rate accrued at the time of the corresponding performance and will be liquidated by the Consejo de Seguridad Nuclear.

In any case these installations will be subject to more than one rate of inspection and control a year when inspection proceedings resulting in accordance.

Article 29. Rate control and inspection to verify compliance with the obligations in the field of nuclear safety and radiological protection, external companies to holders of nuclear or radioactive facilities with professionally exposed workers.

1 made taxable. - it constitutes the taxable transactions of this tax inspection and control services carried out by the Consejo de Seguridad Nuclear in order to verify the authenticity of the data that the registration of external companies, as well as the degree of compliance with the obligations laid down in the Royal Decree that regulates them.

2. fee. - these services shall be taxed with a fixed quota of 35,000 pesetas.

3 accrual and liquidation. - this rate accrued at the time of launch corresponding action and will be liquidated by the Consejo de Seguridad Nuclear. In any case these companies will be more than one annual rate, when the records of inspection result from compliance in the field of nuclear safety and radiation protection.

Article 30. Fee for inspection, control and development of reports in exceptional situations or emergency arise, outside the scope of nuclear and radioactive, facilities as a result of events that may affect nuclear safety and radiological protection.

1 made taxable. - constitutes the taxable rate of the realization by the Consejo de Seguridad Nuclear of the inspection services, control and development of reports in exceptional situations or emergency arise, outside the scope of nuclear and radioactive, facilities as a result of events that may affect nuclear safety and radiological protection (, in connection with any of the following objects: a) analysis of the situation in fact produced and proposed adoption of urgent preventive and corrective measures that may be necessary.

(b) any other technical and optional performance monitoring, direction, inspection, research, study, report, advice, testing, recognition or prospecting for these exceptional situations or emergency.

2 fee. - these services shall be taxed with a rate composed of real cost, duly accredited by the Agency, precise own and foreign resources for the provision of the same.

As regards own resources, direct costs arising from working hours provided by the Agency's staff, including, also, travel, stay and support costs, and indirect costs resulting from the certified imputation of the percentage of general expenses will be included in the fee. Other resources provided by third parties should be computed for the total amount invoiced to the Consejo de Seguridad Nuclear.

3 I accrual and liquidation. - this rate is accrued on December 31 of the year that have completed, in the opinion of the Council of Nuclear security, the corresponding actions or services that give rise to the enforceability of the rate, and will be liquidated by the Consejo de Seguridad Nuclear. In the course of these performances or services to be extended to more than one budget year, the Consejo de Seguridad Nuclear will be December 31 of each year provisional liquidations precautionary to the definitive account for costs accrued as of this date.

4 subject liability. - will be passive subjects of this tax natural persons or legal owners of facilities, industries, businesses, or activities where takes place the event that encourages the provision of services by the Consejo de Seguridad Nuclear.

Title III article 31 public prices. Public prices for the preparation of reports, tests or studies upon request.

1 object.

(a) is the subject of the price the realization by the Consejo de Seguridad Nuclear, at the request of part, reports, tests or studies on new designs, methodologies, simulation models or verification protocols related to radiation protection and nuclear safety, as well as for its renewal or modification.

(b) the completion by the Consejo de Seguridad Nuclear, at the request of public entities or organizations representing general interests, reports, tests or studies relating to radiation protection of the public and the environment.

The activities outlined in paragraphs a) and b) record is charged with a public price when they are not part of one of the administrative procedures subjected to rate under this law.

2. amount - the amount of the price will be set in each case directly by the Consejo de Seguridad Nuclear, and will match the cost of resources, own or others, necessary for the provision of the service.

The resulting price will be properly detailed and communicated to the applicant, who, within the period of two months, may ratify by means of the acceptance of the fixed price, whose payment will be enforceable thereafter.

When in the assessment process are detected variations affecting the public accepted price will be in the knowledge of the applicant who may, within the period of one month, accept or reject the change.

In the event that the applicant accepted variation, the Consejo de Seguridad Nuclear will pay the amount of the variation that corresponds.

If the applicant does not accept the modification of the public price, the Consejo de Seguridad Nuclear, prior justification for the cost of the resources used by that date, it will proceed to do the final settlement.

First additional provision.

Is amended article 2 of the Act 15/1980, 22 April, from creation of the Consejo de Seguridad Nuclear, which shall be drafted in the following terms: 'article 2.

The Consejo de Seguridad Nuclear functions are as follows: to) propose to the Government the necessary regulations in the field of nuclear safety and radiation protection, as well as revisions deemed appropriate. Within this regulation objective criteria for the selection of sites of nuclear facilities and of the radioactive of first category, will be established following a report of the autonomous communities, in the form and time to be determined by regulation.

You can also develop and approve instructions, circulars and guides of a technical nature relating to nuclear and radioactive installations and activities related to nuclear safety and radiation protection.

(b) to issue reports to the Ministry of industry and energy, prior to the resolutions it adopted in the field of granting of authorizations for nuclear and radioactive facilities, transport of radioactive materials or nuclear substances, manufacture and certification of equipment that incorporate radioactive sources or are generators of ionizing radiation, exploitation, restoration, or closure of the uranium mines , and, in general, all activities related to the handling, processing, storage and transport of nuclear and radioactive substances.

Issue reports prior to the resolutions of the Ministry of industry and energy in relation to the authorisation of companies in sales and technical support of the equipment and facilities of medical diagnostic x-ray and other equipment for radioactive facilities and carry out inspection and control.

Issue reports prior to the resolutions that in cases and exceptional circumstances dictate the Ministry of industry and energy, on its own initiative or at the request of the Consejo de Seguridad Nuclear, in relation to the removal and safe management of radioactive materials.

These reports will be mandatory in all cases and also binding when they are negative or denegatorio nature of a concession and, also, in terms of the conditions that establish, if it is positive.

Procedures in which the reports referred to in this section must issue may be suspended by the competent body for resolution, exceptionally, indefinitely until the issuance of the same or the period of time deemed appropriate so that these are issued, justifying the suspension accordingly.

(c) carry out all kinds of inspections on-site nuclear or radioactive during the different phases of design, construction and commissioning underway, transport, manufacturing and certification of equipment that incorporate radioactive sources or generators of ionizing radiation, and the approval or recognition of bundles intended for the carriage of radioactive substances to ensure compliance with existing legislation and the constraints imposed in the corresponding authorizations with faculty for the stoppage of the works or activities in the event of anomalies affecting the security and until these are corrected, and may propose the cancellation of the authorization if the anomalies were not likely to be corrected.

(d) carry out the inspection and control of nuclear and radioactive facilities during operation, and until its closure, in order to ensure compliance with all the rules and constraints established, both general type as individuals established for installation, with the purpose that the functioning of such systems does not pose undue risks for people or the environment.


The Nuclear Safety Council has authority to suspend the operation of the installations or activities which are carried out, for security reasons.

(e) to propose the opening of the disciplinary proceedings deemed relevant within the scope of its powers, in accordance with the legislation in force.

In addition, the Nuclear Safety Council, initiated a disciplinary procedure in the field of nuclear safety and radiological protection will issue, with mandatory character, report within the period of two months, for the proper qualification of the facts object of procedure. This report will be issued when the initiation was at the request of another agency, or on the assumption that having been instituted as a result of a reasoned request from the Council of Nuclear security, contained in this procedure further details as well as releases by such entity.

(f) cooperate with the competent authorities in the elaboration of the criteria that have adjusted plans outside emergency and physical protection of nuclear and radioactive facilities and transport, and once drawn up plans participate in approval.

Coordinate, for all aspects related to nuclear safety and radiation protection, measures of support and response to emergency situations, integrating and coordinating the various agencies and public or private companies whose competition is necessary for the fulfillment of the functions assigned to the Agency.

Also, any other activities in the field of emergencies that are assigned in the applicable regulations.

(g) control measures of radioprotection of professionally exposed workers, the public and the environment. Monitor and control of radiation doses received by the operating personnel and discharges of radioactive materials to the outside of the nuclear and radioactive facilities and its incidence, individual or cumulative, in the areas of influence of these facilities.

Evaluate the environmental radiological impact of the nuclear and radioactive facilities and activities involving the use of ionizing radiation, in accordance with the applicable legislation.

Control and monitor the radiological quality of environment throughout the national territory, in compliance with the international obligations of the Spanish State in the matter, and without prejudice to the competence that the different public administrations have conferred.

Similarly, collaborate with the competent authorities on environmental radiological surveillance outside the areas of influence of nuclear or radioactive facilities.

(h) grant and, if necessary, revoke the corresponding authorizations to entities or companies providing services in the field of radiation protection, as well as carry out inspection and control in the field of nuclear safety and radiological protection, of the aforementioned entities, companies, services and authorized.

Cooperate with the competent authorities in relation to the health surveillance of professionally exposed workers and health care of people potentially affected by ionizing radiation.

Create and maintain the registry of companies external to holders of nuclear or radioactive facilities with classified as professionally exposed workers and carry out control or inspections deemed necessary on these companies.

Similarly it may, at the request of a party, issue statements of favorable assessment on new designs, methodologies, simulation models or verification protocols related to nuclear safety and radiation protection.

(i) inform the Ministry of industry and energy in relation to concentrations or levels of activity, for your consideration as radioactive waste, those materials that contain or incorporate radioactive substances and for which no use is foreseen.

(j) grant and renew, conducting tests that the Council itself set, licences of operator and supervisor for nuclear or radioactive facilities, the diplomas of head of radiological protection service, and credentials to handle or operate the facilities of x-rays for medical diagnostic purposes.

In addition, approved programs and targeted training and development courses in the field of nuclear safety and radiation protection that enable direct operation to operate the radioactive facilities and equipment of facilities of x-rays for medical diagnostic purposes, and which enable to carry out the functions of head of radiological protection.

(k) conduct studies, evaluations and inspections of plans, programmes and projects required for all phases of the management of radioactive waste.

(l) advise, when requested to do so, the courts and bodies of public administrations in the field of nuclear safety and radiation protection.

LL) maintain official relations with foreign similar organizations and participate in international organizations with competence in matters of nuclear safety and radiation protection.

Also, can collaborate with agencies or international organizations in assistance programmes in the field of nuclear safety and radiation protection, taking part in their execution well directly or through the recruitment to this weekend, third parties or entities, always in accordance with the conditions laid down by these organizations.

(m) inform the public on matters within their competence to the extent and frequency determined by the Council, without prejudice to advertising for their administrative actions in the terms established by law.

(n) meet Government and advise it with regard to commitments with other countries or international organizations in the field of nuclear safety and radiological protection, which will be taken into account in the performance of duties which are conferred on the Council by this Act.

(n) establish and monitor research plans in the field of nuclear safety and radiation protection.

(o) collect accurate information and advice where appropriate, with respect to conditions that could arise in people by ionising radiation derived from the functioning of nuclear or radioactive facilities.

(p) inspect, evaluate, control, inform and propose to the competent authority the adoption of measures of prevention and correction are accurate before exceptional situations or emergency arise and which can affect nuclear safety and radiation protection, if they have their origin in facilities, equipment, businesses or activities not subject to the regime of authorizations of the nuclear legislation.

(q) any other which, in the field of nuclear safety and radiological protection, be legally attributed her.»

Second additional provision.

The management of radioactive waste generated in the exceptional circumstances provided for in article 2 of the Act 15/1980 of 22 April, creation of the Consejo de Seguridad Nuclear, by the entity authorized to do so, may be made with charge to the financial returns in the background that refers Law 54/1997 sixth additional provision , 27 November, in the Electricity Sector, when the cost of this management can not an impact in accordance with the regulations in force and thus determined by the Ministry of industry and energy.

Third additional provision.

A final paragraph is added to article 7.1 of the Act 15/1980 of 22 April, creation of the Consejo de Seguridad Nuclear, in the following terms: «When end President and advisers to take place by the end of the period for which they were appointed, they will continue in the exercise of their functions until they have taken possession who would happen to them.»

Fourth additional provision.

Amending article 11 of the Act 15/1980, 22 April, from creation of the Consejo de Seguridad Nuclear, which shall be drafted in the following terms: «The Consejo de Seguridad Nuclear rise, annually, to the Congress of Deputies and the Senate, a report on the development of its activities.»

Fifth additional provision.

Amending article 94.2 of the Act 25/1964 of 29 April, regulator of Nuclear energy, according to wording given by law 54/1997, of 27 November, in the Electricity Sector, adding a second paragraph worded in the following terms: 'However, where the circumstances of the case so do so and always which do not derive direct damages to people or to the environment the Consejo de Seguridad Nuclear may apercibir to the holder of the activity and propose corrective measures that apply. Where this requirement is not met, by the Nuclear Safety Council may impose periodic penalty payments by an amount which shall not exceed 20 per 100 fine set for the corresponding offence and proposing, where appropriate, the initiation of the disciplinary record. In any case, these actions will realize the competent authority to initiate the disciplinary proceedings.»

Sixth additional provision.

Modifies the tariff 1 of paragraph 4 of article 11 of law 17/1975, of May 2, about creation of the autonomous registration organism of the Industrial property by adding sections 1.7, 1.8 and 1.9 read as follows: «rate 1st 1.7 registration of a trademark, trade name or label of establishment: 17.325 pesetas.»

1.8. renewal of a trademark, trade name or label of establishment: 25.890 pesetas.


«1.9 delays: for delays in payments of rates of registration or renewal fees, surcharges will be 25 by 100, within the first three months and 50 per 100, within the following three, up to the maximum of six months of delay.»

Seventh additional provision.

Introduces the following modifications in law 32/1988, of November 10, of marks: 1. Article 6 is hereby repealed.

2. paragraph 6 of article 7 is worded as follows: ' 6. renewal shall be published in the «Official Gazette of the property industry».» «If the renewal is not agreed upon will be refunded, at the request of the person concerned, the 75 by 100 paid renewal rate.»

(3 letter b) of paragraph 1 of article 16 is worded as follows: «b), or when in the case of a three-dimensional mark, considered that the reproduction of the mark does not show enough detail, a description in duplicate of the same.»

4 paragraphs 2 and 4 of article 29 are written as follows: «2. awarded the registration of the mark shall be issued the title, upon payment of the registration fee within the period of one month, from the publication of the notice of award in the «Official Gazette of the property industry.» "»» 4. the effectiveness of the grant will depend upon payment of the aforementioned rate.»

5. paragraph 1 of article 44 is drafted as follows: «(1. La inscripción de la cesión o licencia deberá solicitar_se mediante instancia acompañada, si la cesión resulta de un contrato, de alguno de los documentos acreditativos previstos en la letra b) of article 11 of the Treaty on the law of trademarks of 27 October 1994. ' If the transfer occurs by imperative law, by administrative decision or by judicial decision, it must be accompanied to the instance, testimony emanated from the public authority that issued the document, either copy of the document proving the transfer, certified or authenticated by a notary or other competent public authority. In the same way will be asked the registration of liens and other judicial measures.»

6. paragraph 2 of article 51 is hereby repealed.

The eighth additional provision. Fee for use of spaces in museums and other cultural institutions of the Ministry of education and culture.

The following article is added to the law 25/1998, of July 13, modification of the Legal regime of State and local rates and benefits of reordering of public character,: «article 55 bis.» Management, fundraising and involvement.

1. the Administration and collection of the rate will correspond to each of the Directorates-General or autonomous bodies who depend on the cultural institution.

2. the amount of the revenue of this tax in which affects the autonomous bodies of the Ministry of education and culture, will be part of the budget income of the respective agency Manager.»

First transitional provision.

They will acquire character of definitive settlements of nuclear facilities that the entry into force of this law, not has practiced them the definitive liquidation services studies, reports and surveys for authorisations for the entry into operation.

Second transitional provision.

Trademarks, commercial names and establishment signs, whose concession had been published or whose renewal had been requested subsequent to the entry into force of this law, shall be subject to the payment of the registration or renewal fee, respectively. Up to the first renewal that takes place, following the entry into force of this law, marks, trade names and establishment signs already granted shall be subject to payment of the corresponding five-year period under the sanction of revocation according to the existing legal text at the time of granting or your last renewal.

Sole repeal provision.

They are hereby repealed many provisions is contrary to provisions of this law and, in particular, article 10 of the Act 15/1980, creation of the Consejo de Seguridad Nuclear, and the Royal Decree 3229/1982, of 12 November, which regulates the rate of services provided by the Nuclear Safety Council.

Sole final provision.

This law shall enter into force the day following its publication in the "Official Gazette", without prejudice to the transitional provisions.

Therefore, command to all Spaniards, private individuals and authorities, which have and will keep this law.

Madrid, may 4, 1999.

JUAN CARLOS R.

The Prime Minister, JOSÉ MARÍA AZNAR LÓPEZ

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